scholarly journals Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

2017 ◽  
Vol 15 (4) ◽  
pp. 119-127
Author(s):  
Marta Woźniak
Keyword(s):  
Public Interest ◽  
Spatial Planning ◽  
Spatial Development ◽  
Third Parties ◽  
Development Plan ◽  
The Public ◽  
Constitutional Principle ◽  
The Future ◽  
Explanatory Memorandum ◽  
Principle Of Proportionality

Presented glossary to the judgment of the Supreme Administrative Court in Warsaw of 11 January 2017 (II OSK 932/15) is approved and polemic. The position of the Supreme Administrative Court has been divided that the municipal authorities may, in the local spatial development plan they formulate, restrict the rights of the owners in order to fully realize other values which they consider more important. When discussing polemics with the views expressed in the explanatory memorandum, three factors have been identified in this statement, which have determined the outcome of the findings of the local spatial development plan, the requirements of the public interest, and the future rights of third parties. As a consequence, it was recognized that the statutory principle of weighing interests – by referring to the constitutional principle of proportionality – was consistent with the system of application of the law of planning and spatial planning and shaping the correct relationship between the public interest and individual interests.

The New Paragraph 16 of Article 148 of the Spatial Development Act

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  
Keyword(s):  
Urban Planning ◽  
Public Interest ◽  
Private Property ◽  
Spatial Development ◽  
Legal Order ◽  
Development Plan ◽  
History Of Development ◽  
History Of ◽  
Principle Of Proportionality

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

Zasada szybkości w postępowaniach w sprawach przygotowania i realizacji inwestycji infrastrukturalnych

2020 ◽  
Vol 30 ◽  
pp. 174-188
Author(s):  
Przemysław Ostojski ◽  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Principle ◽  
Infrastructure Investments ◽  
Principle Of Proportionality ◽  
Administrative Proceedings ◽  
The Right

The article concerns the principle of speed in the proceedings regarding the implementation of infrastructure investments. The analysis of individual legal institutions is aimed at assessing statutory regulations of investment acts in the scope of the principle of speed. The aim of the analysis is to verify the assertion that the implementation of specific law-related rules in special investment documents connected with giving priority to the speed of administrative proceedings followed the constitutional principle of proportionality. As a result of the conducted analysis, it should be stated that the implementation of the principle of speed of proceedings to investment acts does not fundamentally violate the essence of constitutional rights of individuals – including the right to challenge decisions and the right to protect of rightly acquired rights. The legislator limits the principles of transparency, as well as the principle of active participation of the party in administrative proceedings, but does not eliminate these principles. Regardless of this, the legislator infringes in the analyzed Acts the essence of the party’s right to submit an application for temporary protection in administrative proceedings. The legislator violates in a qualified manner – due to the public interest – the rule of law and two-instance, preventing the appeals authority in the course of the instance of repealing the decision in its entirety, if the defect affects only its part concerning the property.

scholarly journals Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca

2019 ◽  
Vol 17 (2) ◽  
pp. 125-132
Author(s):  
Marta Woźniak
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Cultural Values ◽  
Public Interest ◽  
Public Law ◽  
Private Interest ◽  
The Public ◽  
Constitutional Principle ◽  
Principle Of Proportionality ◽  
Subjective Rights

The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the private interest in the area covered by protection in the form of a culture park.

scholarly journals In the Public Interest: The Future of Canadian Copyright Law

2006 ◽  
Vol 31 (2) ◽  
Author(s):  
Sara Bannerman
Keyword(s):  
Public Interest ◽  
Copyright Law ◽  
The Public ◽  
The Future

Prison Crowding and the Evolution of Public Policy

1985 ◽  
Vol 478 (1) ◽  
pp. 31-46 ◽  
Author(s):  
JOAN MULLEN
Keyword(s):  
Nineteenth Century ◽  
Public Policy ◽  
Decision Making ◽  
Public Interest ◽  
Budget Constraints ◽  
The Public ◽  
Minimum Standards ◽  
Eighth Amendment ◽  
The Future ◽  
American Prison

While crowding has been a persistent feature of the American prison since its invention in the nineteenth century, the last decade of crisis has brought more outspoken media investigations of prison conditions, higher levels of political and managerial turmoil, and a judiciary increasingly willing to bring the conditions of confinement under the scope of Eighth Amendment review. With the added incentive of severe budget constraints, liberals and conservatives alike now question whether this is any way to do business. Although crowding cannot be defined by quantitative measures alone, many institutions have far exceeded their limits of density according to minimum standards promulgated by the corrections profession. Some fall far below any reasonable standard of human decency. The results are costly, dangerous, and offensive to the public interest. Breaking the cycle of recurrent crisis requires considered efforts to address the decentralized, discretionary nature of sentence decision making and to link sentencing policies to the resources available to the corrections function. The demand to match policy with resources is simply a call for more rational policymaking. To ask for less is to allow the future of corrections to resemble its troubled past.

The Principle of Proportionality

2018 ◽  
Author(s):  
Takis Tridimas
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Early Stage ◽  
Fundamental Principle ◽  
The Rule Of Law ◽  
The Public ◽  
Principle Of Proportionality ◽  
The Individual ◽  
Constitutional Adjudication ◽  
Freedom Of Action

The principle of proportionality is the most oft-invoked and, in terms of its role in constitutional adjudication, the most influential principle of EU law. The principle was developed in continental legal systems, especially in Germany and France, in the twentieth century. Even at an early stage in the development of EEC law, proportionality had already been pronounced by the Court of Justice to be a fundamental principle deriving from the rule of law and requiring in particular that ‘the individual should not have his freedom of action limited beyond the degree necessary in the public interest’.

scholarly journals Increase in Google Trends Regarding Telogen Effluvium Due To COVID-19

2021 ◽  
Vol 5 (2) ◽  
pp. 137-139
Author(s):  
Jasmine Garg ◽  
Abigail Cline ◽  
Frederick Pereira
Keyword(s):  
United States ◽  
Hair Loss ◽  
Public Interest ◽  
The United States ◽  
Google Trends ◽  
Therapeutic Interventions ◽  
The Public ◽  
Search Terms ◽  
The Future ◽  
Before And After

Objective: The purpose of this study was to assess the public interest in the United States of telogen effluvium before and after the COVID-19 pandemic in order to investigate the best therapeutic interventions for dermatologists in the future. Methods: We performed Google TrendsTM search for “COVID hair loss”, “telogen effluvium” and “hair loss” between 5/1/20 and 8/16/20. Conclusion: All three terms have increased in popularity for search terms since mid-March and were the most prevalent in the states that experienced the earliest increase in number of coronavirus cases.

scholarly journals Governing a just future: what and how to govern? – commentary to Jones

2019 ◽  
Vol 197 (1) ◽  
pp. 137-140
Author(s):  
Pia Bäcklund
Keyword(s):  
Decision Making ◽  
Public Sector ◽  
Spatial Planning ◽  
Planning Theory ◽  
Ongoing Research ◽  
The Public ◽  
Careful Scrutiny ◽  
The Future ◽  
Future Direction ◽  
Societal Decision

In dealing with the topic of “governing the future”, it is fundamental to understand how different practices define justice in content as well as in processual sense. Premises of justification can be seen as essential indicators of the future direction of societal decision-making in governance networks, as well as in determining whose realities play a part when defining future imaginaries. We are dealing with a complex entity and we need to ask whether a future as such can be distinguished from how it is produced in different governing practices? I would also like to emphasize that the concept of ‘governance’ needs to be taken under careful scrutiny. Governance has not replaced government, as most often both of these management logics are present simultaneously. This is creating tensions within the public sector. My comments to the issues presented in Rhys Jones’ article (in this issue) are grounded in planning theory and my ongoing research concerning justification of new spatial planning practices in the Nordic countries.

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